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Daniel Yaniv
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Daniel Yaniv’s Answers

142 total


  • NY Uncontested Divorce: Is a Stipulation of Settlement required even when no children, no property/debits and no maintenance?

    My wife and I agree to file an uncontested divorce ourselves. We have no children, no marital assets or marital debts, and both of us will waive spousal maintenance. My understanding is that although a Stipulation of Settlement is not an ...

    Daniel’s Answer

    As a general rule its always a good idea to have a basic stipulation of settlement in place wherein both parties expressly waive any future claims etc. That said, you certainly can proceed without a stipulation - simply advise the Court in your affidavits that all property has been divided and that neither party is seeking equitable distribution.

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  • I was served with summons with notice, what should I do next?

    My wife filed for divorce and I was served with summons with notice. Is by contacting her lawyer considered that I respond within the 20 days period, or am I suppose to do it through the court?

    Daniel’s Answer

    Contacting the attorney alone is not a response. You will need to file a Notice of Appearance with the court and serve the Notice on your wife's attorney. Here is sample http://www.nycourts.gov/courts/6jd/forms/SRForms/otherfms_ntcappanddemand.pdf.

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  • I filed for uncontested divorce in April 10, 2013 and it now July how long does it usually take in NYC to be finalized

    I filed it on the grounds of adultery since he has been living with someone for our entire marriage we have no property, bank account and we both agree to the divorce we have 5 children together only one is under the age of 18 and I dont need chil...

    Daniel’s Answer

    Typical processing time for an uncontested divorce is 6 months in NY County.

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  • I need a lawyer for an uncontested divorce.

    No property or children involved. Paying a one time lump sum to the spouse as an agreement that needs to be stated on the divorce papers and also state all previous contracts are null and void and that the husband holds no further liabilities.

    Daniel’s Answer

    You will need a settlement agreement outlining the terms between you and your spouse. The process is quick and simple in NY (no court appearances required). Visit www.uncontesteddivorceny.com for more information.

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  • I was married in NJ, can I fill for divorce in NY State?

    Married in 1981, separated in 1984 unofficially now live in NY State while she still lives in NJ (I think). Can I file in NY?

    Daniel’s Answer

    If you have resided in NY State for at least a year you should be able to file a NY based divorce.

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  • We separated in March '12. We never made it legal. Can we still file for an uncontested divorce without being legally separated?

    We have been living separate for over a year. We never filed a legal separation. Can we still file for a uncontested divorce without being legally separated? Everything has been divided - we have nothing left to fight over. So how can we file now?

    Daniel’s Answer

    Yes. There is no waiting period required, As long as you have been married for greater than 6 months you may file an action for divorce without having being legally separated.

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  • What is least expensive way to get a divorce?

    My husband and I own a home together and he moved out almost two years ago. Neither of us has 5000 dollars available.

    Daniel’s Answer

    As long as both parties can agree on the terms of the divorce an uncontested divorce should not cost you more than $1,000-$1,500 (depending on your situation) in legal fees and court fees.

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  • Can My Spouse Refuse to Sign Divorce Papers ? How can i take my divorce Quickly and with less money ?

    im from new york

    Daniel’s Answer

    Simply commence a divorce and have your spouse served. If he/she doesn't respond within the statutory timeframe you may proceed to enter a default judgment against him/her.

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  • Uncontested divorce???

    We are going to divorce we dont own any house or have any kids, my husband own a bussiness and i own a car but i dont want any money or part of bussiness and he doent want my car, can we do uncontested divorce and finish this friendly or we cant f...

    Daniel’s Answer

    Certainly. Please visit our website for more information about our affordable services.

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  • Uncontested divorce,spouse moved out of the country

    Me and my soon to be ex husband want to file for uncontested divorce, we have been separated for over a year,but the paperwork states that the defendant must be Served. My husband moved to Germany and not planning to be back to New York anytime s...

    Daniel’s Answer

    As long as he is willing to cooperate its as simple as forwarding an affidavit for him to sign. The only requirement is that he have it notarized at an embassy or consulate as the court will not accept an acknowledgment from a foreign notary.

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